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(영문) 부산지방법원동부지원 2019.05.08 2018가합107953
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On November 13, 2018, the Plaintiff completed the registration of ownership transfer due to public sale on November 13, 2018 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On October 8, 2009, the Defendant leased each of the instant real estate in order to operate a wedding hall and a cover sheet with the trade name of “C”, and possessed each of the instant real estate until now.

[Grounds for recognition] Gap 1-1-7, Gap 9, and 10

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to deliver each of the real estate of this case to the plaintiff, unless there are special circumstances.

B. On January 8, 2016, the Defendant’s assertion 1) concluded a contract with D with the contract amount of KRW 352,00,00 with respect to the interior works of the instant real estate at KRW 352,00 with respect to the interior works of the instant real estate, and the Defendant concluded a contract with E on July 3, 2017 by setting the contract amount of KRW 843,00,000 with respect to the fire fighting works of the instant real estate at KRW 843,00,000 with respect to each of the instant real estate, etc., and around July 3, 2017, the floor construction works, fire fighting works, walls construction works, and ceiling construction works were completed, and thus, the Defendant’s claim for reimbursement with respect to each of the instant real estate at the expense of each of the instant real estate, even if it is difficult to view that the Defendant’s claim for reimbursement with respect to each of the aforementioned construction expenses incurred by the Defendant for the purpose of each of the instant contract.

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